The paper aims to trace the main features of the European Court of Human Rights case-law as concerns Holocaust denial, which have been consistently stigmatized as a dangerous vehicle of anti-Semitism that qualify as an abuse of freedom of expression forbidden by Article 17 ECHR and thus falling outside the protection laid down in Article 10 ECHR. While illustrating the critical issues resulting from the application of the so-called “guillotine”, attention is drawn particularly to the most recent lines of development, which might indicate the ECtHR’s propensity to move towards a partially revised and more considered decision-making pattern.
Il negazionismo nella giurisprudenza della Corte europea dei diritti dell’uomo: verso un nuovo modello decisorio?
Falconi Federica
2022-01-01
Abstract
The paper aims to trace the main features of the European Court of Human Rights case-law as concerns Holocaust denial, which have been consistently stigmatized as a dangerous vehicle of anti-Semitism that qualify as an abuse of freedom of expression forbidden by Article 17 ECHR and thus falling outside the protection laid down in Article 10 ECHR. While illustrating the critical issues resulting from the application of the so-called “guillotine”, attention is drawn particularly to the most recent lines of development, which might indicate the ECtHR’s propensity to move towards a partially revised and more considered decision-making pattern.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
